Patna High CourtCR. MISC./75507/2025bail granted

Kamlesh Kumar v. The State Of Bihar

2026-01-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75507 of 2025 Arising Out of PS. Case No.-469 Year-2025 Thana- FATUA District- Patna ====================================================== Kamlesh Kumar S/o Prakash Mahto Resident of Navi Nagar, P.S.- Deep Nagar, Dist.- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Special (N.D.P.S.) Case no. 178 of 2025 (arising out of Fatuha P.S. Case no. 469 of 2025) registered under sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, 7.5 kgs. of ganja was recovered from the tempo being driven by this petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The ganja which is much below the commercial quantity belonged to one of the passengers who had left it behind. The petitioner has no concern with the seized ganja. He is in custody since 26.6.2025 and has no

Patna High Court CR. MISC. No.75507 of 2025(4) dt.21-01-2026 2/2 criminal antecedent.

5. The application for bail is opposed by learned APP for the State who submits that in the Forensic Science Laboratory report, the seized article has been confirmed to be ganja.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the seized quantity being below the commercial quantity, the petitioner having remained in custody since 26.6.2025, chargesheet having been submitted in the case and specially the petitioner not having any criminal antecedent under the N.D.P.S. Act, the Court directs the petitioner to be enlarged on bail in connection with Special (N.D.P.S.) Case no. 178 of 2025 (arising out of Fatuha P.S. Case no. 469 of 2025) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, (N.D.P.S. Act) No. II, Patna.

(Partha Sarthy, J) sauravkrsinha/- U T